Cofely Ltd v Bingham & Anor

Cofely Ltd v Bingham & Anor

The cumulative effect of Mr Bingham's significant professional and financial relationship with Knowles, Knowles' influence over appointments, Mr Bingham's failure to disclose relevant information, and his aggressive response to impartiality concerns raised a real possibility of apparent bias, justifying removal under section 24(1)(a) Arbitration Act 1996.

Parties
Claimant: Cofely Limited; 1st Defendant: Anthony Bingham; 2nd Defendant: Knowles Limited
Jurisdiction
England and Wales
Judgment Date
17 February 2016
Procedural Posture
Commercial Arbitration Removal Application / Judgment on Application to Remove Arbitrator
Outcome
Application granted; arbitrator to be removed unless he resigns.
Legal Topics
Apparent Bias, Impartiality of Arbitrator, Disclosure Obligations, Section 24 Arbitration Act 1996, Section 73 Arbitration Act 1996
Arbitration Commercial Law Apparent Bias Impartiality of Arbitrator Disclosure Obligations Section 24 Arbitration Act 1996 Section 73 Arbitration Act 1996

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Parties

Cofely Limited

Claimant

Anthony Bingham

1st Defendant

Knowles Limited

2nd Defendant

Procedural Posture

Commercial Arbitration Removal Application / Judgment on Application to Remove Arbitrator

Legal Issues

  1. 1 Whether circumstances exist giving rise to justifiable doubts as to the impartiality of the arbitrator under section 24(1)(a) Arbitration Act 1996
  2. 2 Whether the applicant lost the right to object under section 73 Arbitration Act 1996

Ratio Decidendi

The cumulative effect of Mr Bingham's significant professional and financial relationship with Knowles, Knowles' influence over appointments, Mr Bingham's failure to disclose relevant information, and his aggressive response to impartiality concerns raised a real possibility of apparent bias, justifying removal under section 24(1)(a) Arbitration Act 1996.

Court Disposition

Application granted; arbitrator to be removed unless he resigns.

Orders

  • If Mr Bingham does not resign, an order for removal will be made.
  • Further orders to be determined after hearing counsel.